Please enable JavaScript.

Are crimes where no intention is required and the crime is committed recklessly.

Nearly all crimes are crimes of basic intent.

Voluntary intoxication is not a defence to crimes of basic intent.

Examples of crimes of basic intent:

Manslaughter

S.20

S.47

Assault & Battery

Specific Intent

A crime is one of specific intent if intention has to be proven, if the Mens Rea has to be proven.

very few crimes are crimes of specific intent.

both Involuntary and voluntary intoxication are available as a defence to crimes of specific intent

Examples of crimes of Specific Intent:

Murder

S.18

Voluntary Intoxication

Voluntary Intoxication is only a defence to crimes of specific intent (Majewski; Beard)

there is only one exception as explained in Richardson and Irwin, where if the D would not have realised the risk if they had been sober, voluntary intoxication can provide a defence where on offence can be established on the basis of recklessness.

Voluntary Intoxication is defined as knowingly and willingly consume alcohol or drugs and becoming intoxicated.

Dutch Courage Rule (Gallagher)

where the D forms the Mens Rea for the crime committed prior to becoming intoxicated then the defence will fail as intention already established.

Drunken Mistake

If a D is mistaken about a situation as a result of intoxication NO defence will be available - whether the offence is one of specific or basic intent. (Hattan)

Involuntary Intoxication

Defined as Involuntarily consuming alcohol and drugs unknowingly and unwillingly or having an adverse reaction to medication.

Involuntary Intoxication is available to both offences of specific and basic intent.

This form of intoxication occurs when the D doesn't knowingly or willingly become intoxicated.

For involuntary intoxication to work the D must fail to form the Mens Rea.

When the D is mistaken on the strength of the Alcohol...

the law treats a mistake on the strength of the alcohol as voluntary intoxication (Allen) CoA held he had been freely drinking wine knowing fine well it was wine.